2060 IFB 18/19-16 Westside FloorsSWORD
FINANCE DEPARTMENT
Thursday, December 20, 2018
PURCHASING DEPARTMENT
TRAmsmirrAL MEmoRmDum
To: City ayor
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
Fj
Development Order
F]
Mayor's signature
F]
Final Plat (original mylars)
Recording
n
Letter of Credit
❑
Rendering
F1
Maintenance Bond
Safe keeping (Vault)
El
Ordinance
F1
Deputy City Manager
F1
Performance Bond
❑
Payment Bond
F]
Resolution
❑
City Manager Signature
El
F]
n
City Clerk Attest/Signature
City Attorney/Signature
Once completed, please:
n Return originals to Purchasing- Department
F] Return copies
n
Special Instructions:
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From
SharePoint—Finance —Purchasing Forms - 2018.doc
Date
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019035251 13k:9328 Page:1924-1927 (4Pgs)
REC: 04/04/2019 2:52:33 PM by hdevore
app RECORDING FEES $35.50
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Bond No. GS56000041 SECTION 00610
Executed in 2 Counterparts
M
N PAYMENT BOND
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KNOW ALL MEN BY THESE PRESENTS: that
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N Southeastern Surfaces & Equipment
a (Name of CONTRACTOR)
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569 Canal Street, New Smyrna Beach, Florida 32168 (386) 428-8875
(Address of CONTRACTOR)
C'n a Corporation , hereinafter called
(Corporation, Partnership or Individual)
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> Principal, and _ The Grav Insurance Company
(Name of Surety)
a
Z PO Box 6202 Metairie LA 70009-6202 (504) 888-7790
(Address of Surety)
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Hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida
�o Hereinafter called OWNER, in the full and just Sum of Eighty Five Thousand Eighty Five and 00/100
----------- ------------------ DOLLARS ($ 85,085.00 ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
o successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one hundred ten percent (110%) of the Contract Price.
U
THE CONDITION OF THIS OBLIGATION is s c that whereas, the Princi ai entered into a
Qcertain Agreement with the OWNER, dated the ay of ��tt" rti p
a copy of which is hereto attached and made a part hereof for the construction of 2-_
.. Flooring Westside Multi -Purpose Room & Gym 919 South Persimmon Avenue Sanford FL 32771
CIS
1) Name of Owner
a 2) Name of Project identified in Instructions to Bidders
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
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NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
o payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
>- Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
Q in full force and effect subject, however, to the following conditions:
an
1. This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
a
2. Therefore, a claimant, except a laborer, who is not in private with the
CONTRACTOR and who has not received payment for his labor, Materials or
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IFB 18119-16 00610-1
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* 300 North Park Avenue, Sanford, FL 32771 (407) 688-5028
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supplies shall, within forty-five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and who has not received payment for his
labor, Materials or supplies shall within ninety (90) days after performance of the
labor or completion of delivery of the Materials or supplies, or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the performance of the labor or delivery of the Materials or
supplies and of the nonpayment. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF i trument is executed this the r. day of ` 0a(
(CORPORATE SEAL)
IFB 18/19-16
Southeastern Surfaces & Equipment
Principal (Contractor)
By ignature)
Trees A.Ward, President
Typed Name and Title
569 Canal Street
Address
00610-2 .
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► _.
Typed Name
ATTEST:
Surety) Secretary
Susan L. Reich
Typed Name
(CORPORATE SEA
Witn-14
7s as to Surety
Jenna Pagan
Typed Name
Witness as to Surety
Teresa L. Durham
Typed Name
* Inquiries: (407) 786-7770
New Smyrna Beach, FL 32168
City, State, Zip
(386)428-8875 (407)264-8561
Telephone No. Facsimile No.
The Gray Insurance Company
Surety
(5504)888-7790 (504)780-9211
Telephone No. Facsimile No.
By:
Attorney -in -Fact & FL Lic. Resident Agent
Gloria A. Richards
Typed Name
PO Box 6202
Address
Metairie, LA 70009-6202
City, State, Zip ......
(504)888-7790 (504)780-9211
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures shall execute the Bond. If CONTRACTOR is Partnership, all partners shall
execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of -Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
IFB 18/19-16 00610-3
THE CRAY INSURANCE COMPANY
THE GRAY CASUALTY & SURETY COMPANYa
GENERAL POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly
organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and
appoint Susan L. Reich, Jeffrey W. Reich, Kim E. Niv, Teresa L. Durham, Cheryl Foley, Gloria A. Richards, Robert P. O'Linn, and
Sarah K. O'Linn of Maitland, Florida jointly and severally on behalf of each of the Companies named above its true and lawful
Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of
a bond, as surety, contracts of suretyship as are or may be required or permitted by law, regulation,; contract or otherwise, provided that no
bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of $10,000,000.00
This Power of Attorney is granted and is signed by; facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261h day of
June, 2003.
"RESOLV ED, that the President, Executive Vice President, any Vice President, of the Secretary be and each or any of them hereby
is authorized to execute a power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the
Company bonds, undertakings, and all contracts of surety, and that each or any of them is hereby authorized to attest to the execution of such
Power of Attorney, and to attach the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or
facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of
surety to which it is attached.
IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be
hereinto affixed, and these presents to be signed by their authorized officers this 1211 day of September, 2011.
\� NU R AN�F By: Attest: yy��1`'�' _ �� ���y_ M's"`"a� 5°"•�'T«. a s�q�
s,,F �.� '�� ��� �y�G/' L+ N�"� ort � • .,c
;= SEAL Michael T. Gray Mark S. Manguno SEAL g
m;, z President, The Gray Insurance Company Secretary, ,iyti
and The Gray Insurance Company,
* Vice President, The Gray Casualty & Surety Company ~
The Gray Casualty & Surety Company
State of Louisiana
ss:
Parish of Jefferson
On this 12`1 day of September, 2011, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance
Company and Vice President of The Gray Casualty & Surety Company, and Mark S. Manguno, Secretary of The Gray Insurance Company
and The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of
Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their
companies.
(.�...-
*?* Lisa S. Millar, Notary Public, Parish of Orleans
State of Louisiana
My Commission is for Life
I, Mark S. Manguno, Secretary of The Gray Insurance Company and The Gray Casualty & Surety Company, do hereby certify that the above
and forgoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this dI/aa�y of
`a
50 R A N C� 5i:'eT..•' 4..,,•'•�F �%��� ��"� ' " �C'��//j�,.�yL��
SEAL S E A L I Mark S. Manguno, Secretary
The Gray Insurance Company
:
y? • t� y�� �a The Gray Casualty & Surety Company
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019035252 Bk:9328 Page:1928-1931 (4Pgs)
REC: 04/04/2019 2:53:22 PM by hdevore
RECORDING FEES $35.50
>�.cent�aF�+
FINANCE DEPARTMENT
Bond No. GS56000041 SECTION 00605
Executed in 2 Counterparts
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Southeastern Surfaces & Equipment
(Name of CONTRACTOR)
569 Canal Street, New Smyrna Beach, Florida 32168 (386) 428-8875
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and The Gray Insurance Company
(Name of Surety)
PO Box 6202, Metairie, LA 70009-6202 (504) 888-7790
(Address of Surety)
Hereinafter called Surety, are held and firmly bound unto 1) City of Sanford, Florida *
Hereinafter called OWNER, in the full and just Sum of Eighty Five Thousand Eighty Five and 00/100
-------------- -------- ------ DOLLARS f$ 85,085.00 ---------_-------------.--- ) in lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves,
successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be
less than one, hundred ten percent (110%) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is su h that whereas, the Principal entered into
certain Agreement with the OWNER, dated is
of fy) rLccn , into
a copy of which is hereto attached and made a part hereof for the construction of 2)
Flooring Westside Multi -Purpose Room & Gym, 919 South Persimmon Avenue, Sanford, FL 32771
i) Name of Owner
2) Name of Project identified in Instructions to Bidders
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
o to the same extent as CONTRACTOR is bound.
Q
NOW, THEREFORE, the condition of this obligation is such that if Principal:
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z~ 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions,
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and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
a prescribed in the Agreement, and
>,
,'a * 300 North Park Avenue, Sanford, FL 32771 (407) 688-5028
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P IFB 18/19-16 00605-1
2
a
FINANCE DEPARMENT
2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of this
Performance Bond.
The Surety stipulates and agrees that its obligation is to perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as a material breach of the Bond and
bad faith by the Surety. The Surety agrees that its obligation under the bond is to: (i) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii) re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or contingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
IFB 18119-16 00605-2
vFok
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r
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall be construed as a common law
bond.
IN WITNESS WHEREOFat0 his trument is executed this the , A -J day of ( v" ch
TTE'ST
Secr (Princi ))
'TR
see [Ireas.
Typed Name
'CORPORATE SEAL)
(Witness to `PPincipal)
(.
Typed Name
ATTEST:
(Surety) Secretary
Susan L. Reich
Typed Name
(CORPORATE SEAL)
IFB 18/19-16 00605-3
Southeastern Surfaces & Eauinment
Prin ipal (Contractor ,
,h
By (Signature)
TrAefe A. Ward, President
Typed Name and Title
569 Canal Street
Address
New Smyrna Beach, FL 32168
City, State, Zip
(386) 428-8875 (407) 264-8561
Telephone No. Facsimile No.
The Gray Insurance Company
S u rety
(504)888-7790 (504)780-9211
Telephone No. Facsimile No.
` CITY OF
S %JJ
FINANCE DEPARTMENT
Witnes as to Surety
Jenna Pagan
Typed Name
Witness as to Surety
Teresa L. Durham
Typed Name
* Inquiries: (407) 786-7770
By:
Attorney -in -Fact & FL Lic. Resident Agent
Gloria A. Richards*
Typed Name
PO sox 6202 -
Address
Metairie, LA 70009-6202
City, State, Zip
(504) 888-7790 (504) 780=9211
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures' shall execute the Bond. If CONTRACTOR is partnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570 as amended) and be authorized to transact business in the State
of Florida, unless otherwise specifically approved in writing by OWNER.
ATTACH a certified Power -of -Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
IFB 18/19-16 00605-4